No. 5942
Precedential
Dismissed
Processed
State v. Callum
Also decided on this docket: La. Ct. App. 1st Cir., August 16, 1977 349 So. 2d 476; La. Ct. App. 1st Cir., March 29, 1963 152 So. 2d 349
State v. Callum, 28 La. Ann. 49 (1876).
Opinion text
Howell, J. A motion is made to dismiss this appeal on tho ground that this court has no jurisdiction of the ease, the State having appealed from a judgment quashing the indictment found against the defendant. Under the provisions of the constitution (article 74) an appeal in criminal cases lies only when tho punishment of death or imprisonment at hard labor, or a fine exceeding three hundred dollars, is actually imposed. No penalty was imposed in this case. It is therefore ordered that the appeal herein be dismissed.